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This document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any
physical or digital signatures.

Please read the following terms and conditions very carefully as your use
of this website and our services is subject to your acceptance of and compliance
with the following terms and conditions.

INTRODUCTION

The domain name www.kosmochem.com (hereinafter referred to as "Website") is owned by Kosmochem Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Maskati House, 76, Mohamedali Road, Mumbai 400 003, India (hereinafter referred to as “KPL”). The retail division of Kosmochem Private Limited is known as Kosmochem Home Healthcare.

For the purpose of these Terms & Conditions, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who is using the website. The term “we”, “us”, “our” shall mean Kosmochem Private Limited (KPL) or Kosmochem Home Healthcare (KHH) or www.kosmochem.com or all.

The use of this Website and our services are governed by the following terms and conditions (“Terms & Conditions” or “Agreement”). You shall be contracting with Kosmochem Private Limited and these terms and conditions including the policies constitute your binding obligations with us.

We reserve the right at all times to discontinue or modify the Terms & Conditions and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by you.

USER ACCOUNT

Registration Data
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on this Site; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have a right to suspend or terminate User's registration and refuse any and all current or future use of the Site and/or any service. Furthermore, the User grants us the right to disclose to third parties registration data to the extent necessary for the purpose of carrying out the services.

The User may browse as a guest on the Site, or as a registered account user of the Site. However, registration is compulsory for purchasing from this website. In the event that the User registers for an account on the Site, the User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user ID and any other user account information including all security information of the account, and shall be fully responsible for all activities that occur by use of such password or user ID. We shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with the requirements under this clause.

Eligibility to use
Use of the Website is available only to persons who can form legally binding contracts under applicable laws. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website.

We reserve the right to terminate your membership and refuse to provide you with access to the website if we discover any breach of contract. The website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.

If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

Usage Restrictions
You shall not use the Website for disseminating any unlawful, harassing, defamatory, abusive, harmful, vulgar, obscene, or otherwise objectionable material.

Communication
The User agrees and consents that all correspondence including agreements, notices, disclosures related to this agreement and Website between the user and us will be communicated either electronically (e-mail) or by posting notices on the Website.

Termination
We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of Registered Users in the event of any conduct by the User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by the User of this Agreement. Our right to any Comments shall survive any termination of this Agreement. Any such termination of this Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under this Agreement.

INDEMNITY

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

We will not be liable for any injury or loss or damage, direct or consequential arising out of the use of or inability to use the products. Before using, the user shall determine the suitability of the products for its intended use and assumes all risks and liability whatsoever in connection therewith.

The user agrees to indemnify and hold harmless Kosmochem Private Limited, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

PRIVACY

We value the privacy of information pertaining to its users. We do not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources except to the extent necessary for the purpose of carrying out the Services. We will not use information about you without your permission and will provide the means for you to manage and control the information that you have provided. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately.

Objectionable Material:
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Financial Details
The user agree, understand and confirm that the credit / debit card details or other financial details provided for availing of services on the website is correct and accurate. The user shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by user. It should be noted that any financial information submitted by the user is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability of fraudulently used credit / debit card will be on the user and the onus to 'prove otherwise' shall be exclusively on him / her. All information collected by us shall be governed as per our Privacy Policy. Kosmochem Private Limited and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We also reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
While availing any of the payment method/s offered by us, we are neither responsible nor take any liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s

Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

COPYRIGHT & TRADEMARK

Kosmochem Private Limited and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Kosmochem Private Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, distribute or re-post anything on this website for any purpose. The names, Kosmochem Private Limited and Kosmochem Home Healthcare, and their respective logos and all related product and service names, design marks and slogans are the trademarks or service marks of Kosmochem Private Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website.

Website Security:
The user is prohibited from violating or attempting to violate the security of the Website, including, accessing data which is not intended for the user or logging onto a server or an account which the user is unauthorized to access. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations

TERMS OF INVITATION TO OFFER, SALES & DELIVERY

Invitation to offer

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All products/services and information displayed on the website constitute an invitation to offer.

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All prices displayed are inclusive of VAT / Central Sales Tax.

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Packaging may vary from that shown on the website.

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The weights, dimensions and capacities given are approximate only.

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Incase of Mobility & Toileting products, the style, design and the color of the frame and / or of the cushion may vary from that as displayed on the website. However the core function of the product would remain the same. The user agrees to accept such variance before purchasing the same from the website.

Acceptance of Order
Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer and we reserve the right to accept or reject such balance order. No act or omission by us, prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive a order from such states or to be delivered to such states (to see a list please refer our shipping policy mentioned below) under such circumstances we retain the right to accept or reject the order. Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

Pricing Information:
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or phone, or cancel the order and notify you of such cancellation.

Quantity Restrictions
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

Cancellation by Kosmochem Private Limited
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order in part or in full for any reason. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit / debit card has been charged, the said amount will be reversed back in your Card Account. We reserve the right to capture / charge your card to the full or partial authorized amount for the concerned order.

Cancellations by the customer
You may cancel your order or some items in your order before we bill and ship the items. Kindly refer to our Returns and Cancellation Policy for more details on the same. In case we receive a cancellation notice and the order has not been processed /approved by us, we shall cancel the order and refund the entire amount, if any, charged to your card. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

Returns & Cancellations Policy
Our aim is to ensure that our customer is completely satisfied. Considering ourselves to be in the healthcare industry, our products are not eligible for returns. However incase wrong product is shipped / delivered, we shall replace the same, if the said wrong product is returned within 7 days on receipt of the same.

If you believe that the product is not in good condition or if the packaging is tampered with or damaged, before accepting delivery of the goods, please refuse to take delivery of the package, and call us on customer support or mail us at online@kosmochem.com, mentioning your order reference number. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest.

Warranty
The products which are covered under warranty would be subject to the terms and conditions of the manufacturer and as mentioned on the product warranty card.

In case of refunds or cancellations, the refund shall be processed in the same mode of payment which was used while making the online purchase. For purchases made by “Cash on Delivery”, the refunds will be paid by way of a cheque which will be issued within 30 days in favour of the registered customer.

Refusal of service:
We reserve the right to refuse service to anyone at any time. We also reserve the right, at our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

SHIPPING POLICY

We are committed to delivering your order accurately, in good condition and timely. We will strive to deliver products ordered within 3 to 6 business days of the order being confirmed in case of Defined & Metro Cities. For other cities, our products should be delivered within a time span of 4 to 10 days. However for certain remote geographies, the time for deliveries may exceed 10 days. If you require any assistance in understanding our Shipping Policy please do not hesitate to call our customer care numbers.

Please note our shipping policy as follows:

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Each order will be shipped only to a single destination address. If you would like to ship products to different addresses, you will need to place multiple orders.

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We will make our best efforts to ship our orders within 3 working days on receipt of the same.

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However in some cases, we may take up to 7 working days, to ship the order as we may have to procure it from some other store or our vendors.

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In the unlikely event that we are unable to ship your order completely within 7 working days on receipt of the same, and if you wish to cancel the same, we shall cancel the remaining unshipped part of the order and send you an email informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded in the manner you have made the payment.

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We ship on all week days (Monday to Saturday), excluding public holidays.

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To ensure that your order reaches you in the fastest time and in good condition, we only ship through reputed courier agencies. Also, kindly provide us with a detailed shipping address with landmark to service you better.

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While we shall endeavor to ship all items in your order together, this may not always be possible due to product characteristics, or availability.

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You may track shipping status of your orders on our website or by calling us on customer support phone numbers.

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For our valuable customers, in the list of states below may be are required to submit a form which is mandatory according to the state government rules for any shipments coming in from other states. Our customer service personnel will get in touch with you regarding this.

STATE

FORMS

Assam

Form 61

Gujarat

Form 403

Madhya Pradesh

Form 50

Sikkim

VAT Form 25

Uttaranchal Pradesh

Form 16 (purchases above Rs. 5,000)

West Bengal

VAT Form 50A

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Shipping Charges Calculation
Our shipping charges are based on the type of the product and the city we ship. The defined cities as per our website, currently, Mumbai & Pune have an edge over the other non defined cities. It may be in terms of delivery time and/ or option of cash on delivery and/ or shipping charges.
Incase of customers from defined cities, shipping charges on some of the product SKU’s would be charged only on the first unit of purchase. Any additional units of the respective SKU may not attract any shipping charges.
The calculation of shipping charges is based on the above factors and is displayed when you enter the quantity into the quantity box for registered users (as the address is on our records). For non registered users, maximum estimated shipping charges will be displayed, until the time of final check out, where in the final shipping charges will be calculated and displayed (based on the shipping address entered at the time of registration).
Any clarifications on the same can be obtained from our customer support desk.

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Entire Agreement:
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Kosmochem Private Limited with respect to our websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

All disputes which may arise in connection with this Terms and Conditions shall be subject to the jurisdiction only of the courts in Mumbai, India.

Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, acts of the User, embargo or other governmental act or regulation, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.